Terms & Conditions

1. PAYMENT AND BOOKING CONFIRMATION

A deposit of 30% of the total charter fee is required to secure the vessel and requested charter time.

A reservation is not considered confirmed until the required deposit has been received by the Company.

The remaining balance must be paid according to the payment schedule stated on the invoice or booking confirmation.

Additional services requested by the Charterer, including but not limited to catering, decoration, entertainment, additional cruising time, special docking arrangements, or other customized services, may be subject to additional charges.

 

2. CHARTERER CANCELLATION AND RESCHEDULING

The Charterer may cancel the charter and receive a refund of the deposit if written notice of cancellation is provided at least 7 days before the scheduled departure date.

Requests to reschedule must be made at least 3 days before the scheduled departure date and are subject to vessel and crew availability.

Cancellations or rescheduling requests made outside the permitted periods may result in forfeiture of the deposit and/or other amounts already paid.

No refund or extension of charter time will be provided for late arrival, early departure, or reduction in guest numbers caused by the Charterer or their guests.

 

3. VESSEL CONDITION AND SAFETY

The Company will use reasonable efforts to provide the scheduled vessel in safe and serviceable condition for the intended charter.

The Master/Captain has exclusive authority regarding the safe navigation and operation of the vessel.

The Captain may, at their reasonable discretion, alter the route, delay departure, return to dock, restrict activities, or terminate the voyage where necessary for the safety of passengers, crew, or the vessel.

The Charterer and all guests must comply with all lawful and reasonable safety instructions given by the Captain or crew.

 

4. WEATHER AND NAVIGATION CONDITIONS

Light rain, cloudy conditions, wind, or other ordinary weather conditions do not automatically constitute grounds for cancellation.

The final determination as to whether the vessel can safely operate shall be made by the Captain based on weather, sea conditions, visibility, vessel condition, official restrictions, and other relevant safety considerations.

If the Captain determines that the charter cannot safely proceed because of severe weather or unsafe marine conditions, the Company may offer the Charterer:

(a) a rescheduled charter at no additional charter charge; or

(b) a refund of the charter fees paid for the affected charter.

The Company does not guarantee any particular weather condition, sunset visibility, wildlife sighting, cruising route, destination, or other condition outside the Company's reasonable control.

 

5. MECHANICAL FAILURE OR VESSEL UNAVAILABILITY

Despite reasonable maintenance and inspection, vessels and marine equipment may experience unexpected mechanical or technical failures.

If the booked vessel becomes unavailable, unsafe, or unsuitable for operation because of mechanical failure, equipment malfunction, damage, regulatory restriction, or another unexpected operational or safety issue, the Company may, where reasonably possible:

(a) provide a substitute vessel of reasonably comparable capacity or suitability;

(b) offer another available charter date or time; or

(c) cancel the affected charter and refund the charter fees paid for the affected charter.

Acceptance of a substitute vessel shall constitute fulfillment of the Company's obligation to provide the charter, provided that the substitute vessel is reasonably suitable for the booked passenger capacity and intended charter.

Where no reasonably suitable substitute vessel is available and the Company cancels the charter, the Company's obligation will be limited, to the extent permitted by applicable law, to refunding the charter fees actually paid to the Company for the affected charter.

 

6. THIRD-PARTY COSTS AND CONSEQUENTIAL LOSSES

The Charterer is responsible for independently arranged services and expenses relating to the charter.

To the maximum extent permitted by applicable law, the Company shall not be responsible for indirect, incidental, special, or consequential losses arising from a delay, rescheduling, vessel substitution, mechanical failure, safety decision, or cancellation of the charter.

This includes, without limitation, amounts paid or owed by the Charterer for:

1. catering or food purchased from third parties;

2. DJs, musicians, performers, or entertainment;

3. photographers or videographers;

4. decorations, flowers, cakes, or event supplies;

5. transportation or parking;

6. hotels or accommodation;

7. event planners or other vendors;

8. lost business, lost revenue, or lost opportunity; or

9. any other independently contracted third-party service.

The Charterer is responsible for reviewing the cancellation and refund policies of their third-party vendors.

Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

 

7. DELAYS

Departure and return times may be affected by marine traffic, docking availability, weather, emergency situations, safety concerns, mechanical issues, or other circumstances beyond the Company's reasonable control.

Where a delay is caused by circumstances outside the Company's reasonable control, the Company will make reasonable efforts to minimize the disruption but does not guarantee an extension of the charter period.

If the Charterer or any guest arrives late, the charter will normally end at the originally scheduled return time.

Additional charter time, where available, may be purchased at the Company's applicable hourly rate.

 

8. PASSENGER CAPACITY

The number of passengers must not exceed the lawful passenger capacity applicable to the vessel and its operation.

The Captain may refuse boarding to additional passengers where the permitted capacity has been reached.

No refund will be issued to passengers refused boarding because the Charterer's group exceeds the permitted passenger limit.

The Charterer must provide accurate passenger information when reasonably requested by the Company or Captain.

 

9. CHARTERER AND GUEST CONDUCT

The Charterer accepts responsibility for the conduct of all persons attending the charter as part of their group.

The Charterer and guests must not engage in illegal, dangerous, abusive, threatening, or reckless conduct.

The Captain may refuse boarding or terminate the charter where the conduct of the Charterer or any guest creates a safety risk, violates applicable law, interferes with vessel operations, or threatens the vessel, crew, passengers, or other persons.

Where a charter is terminated because of the conduct of the Charterer or their guests, no refund will be required except where required by applicable law.

 

10. DAMAGE AND EXCESSIVE CLEANING

The Charterer is responsible for loss or damage to the vessel, its equipment, furnishings, or property caused by the intentional, negligent, reckless, or improper actions of the Charterer or their guests.

The Charterer may also be charged reasonable additional cleaning costs where the condition of the vessel after the charter substantially exceeds ordinary cleaning expected from normal charter use.

The Company may provide supporting documentation for material damage or extraordinary cleaning charges upon reasonable request.

 

11. FOOD, BEVERAGES AND ALCOHOL

Food and beverages may be brought aboard only where permitted by the Company and applicable law.

Alcohol may only be possessed, served, and consumed where permitted by applicable licensing requirements and Canadian and British Columbia law.

The Captain retains authority to restrict or stop alcohol consumption where reasonably necessary for safety.

The Charterer is responsible for ensuring that their guests comply with applicable laws and Company requirements regarding alcohol.

 

12. PERSONAL PROPERTY

The Charterer and guests are responsible for their own personal property.

To the maximum extent permitted by law, the Company is not responsible for personal belongings that are lost, damaged, dropped overboard, or left aboard the vessel unless the loss or damage results from circumstances for which liability cannot lawfully be excluded.

 

13. ACTIVITIES AND WATER SAFETY

Swimming, fishing, crabbing, water activities, and other activities may only take place with the Captain's permission and where conditions permit.

Guests must follow all safety instructions and use required safety equipment.

Where a fishing licence or other permit is legally required for an activity, obtaining and complying with that licence or permit is the responsibility of the participant unless the Company expressly agrees otherwise in writing.

 

14. FORCE MAJEURE AND EVENTS BEYOND REASONABLE CONTROL

The Company shall not be liable for failure or delay in performing the charter where performance is prevented or materially affected by circumstances beyond its reasonable control.

Such circumstances may include severe weather, unsafe sea conditions, government or port restrictions, emergency orders, natural disasters, fires, accidents affecting marine infrastructure, unexpected closures of docks or waterways, or other comparable events beyond the Company's reasonable control.

Where such an event prevents the charter from proceeding, the Company will determine, having regard to the circumstances and applicable law, whether rescheduling, substitution, credit, or refund is appropriate.

 

15. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, and except for liability that cannot legally be excluded or limited, the Company's aggregate liability arising out of or relating to the charter shall not exceed the amount of charter fees actually paid directly to the Company for the affected charter.

The Company shall not be liable for indirect, incidental, special, exemplary, or consequential damages, including loss of income, business, opportunity, enjoyment, or independently incurred event expenses.

Nothing in this Agreement is intended to exclude liability where such exclusion would be prohibited by applicable law.

 

16. CHANGES TO VESSEL, ROUTE OR ITINERARY

Photographs, descriptions, routes, destinations, and proposed itineraries are provided for general reference.

For operational or safety reasons, the Captain or Company may reasonably modify the cruising route, docking location, destination, sequence of activities, or other operational aspects of the charter.

Such reasonable operational changes do not automatically entitle the Charterer to a refund.

 

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